how draw Archipelagic Baselines in the international law of the sea and LOSC?

Article 47(1) of the LOSC provides as follows :
An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago.
A key point is that the legal criteria of being an archipelago must be fulfilled in order to construct archipelagic baselines. In other words, a State which does not meet the legal definition of an archipelagic State is not entitled to draw archipelagic baselines. The language of this provision also suggests that the establishment of archipelagic baselines is facultative. Article 47 sets out conditions for drawing these baselines in some detail… how draw Archipelagic Baselines in the international law of the sea and LOSC?, Archipelagic Baselines, archipelagic State, High seas, LOSC, low-tide elevations, opinio juris, straight archipelagic baselines, territorial sea

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what is the meaning ARCHIPELAGIC WATERS in the international law of the sea and LOSC?

The key concept of archipelagic waters is that a group of islands in mid-ocean, i.e. ‘midocean archipelagos’, should be considered as forming a unit; and that the waters enclosed by baselines joining the outermost points of the archipelago should be under territorial sovereignty. While the question of a special archipelagic regime has been discussed on various occasions since the early twentieth century, neither the 1930 Hague Conference, nor UNCLOS I could resolve this question. The 1958 Geneva Conventions contain no provision with regard to mid-ocean archipelagos or archipelagic waters.
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Rights and Obligations of Coastal States Bordering Straits based on international law of the sea and customary international law

The coastal State has a right to adopt laws and regulations relating to transit passage through straits. Under Article 42(1), those laws and regulations involve:
(a) the safety of navigation and the regulation of maritime traffic, as provided in Article 41,
(b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait,
(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear, and
(d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits. States bordering straits are required to give due publicity to all such laws and regulations in accordance with Article 41(3).
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what is the meaning of INTERNATIONAL STRAITS and its legal issues (typology and rules)

The straits under Part III of the LOSC contain two types of straits: straits to which the regime of transit passage applies and straits to which the right of innocent passage applies.
The first type concerns straits to which the regime of transit passage applies. In this regard, Article 37 provides: This section applies to straits which are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. This provision contains two criteria for identifying international straits under Part III.
The first is the geographical criterion. Such straits are those connecting ‘one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone’. The second is the functional criterion, namely ‘straits used for international navigation’. Concerning the relationship between the two criteria, the ICJ, in the Corfu Channel case, seemed to consider that the geographical criterion provided the primary criterion… what is the meaning of INTERNATIONAL STRAITS and its legal issues (typology and rules), Åland Islands, Åland Strait, archipelagic waters, Arctic Ocean, Arctic waters, Article 36 of the LOSC, Atlantic Oceans, Corfu Channel judgment, Dardanelles, Dover Strait, EEZ, international navigation, international shipping, international straits, LOSC, Montreux Convention, non-suspendable innocent passage, Osumi Strait, right of innocent passage, Strait of Gibraltar, Strait of Magellan, Straits of Malacca, territorial sea, territorialisation, transit passage, Turkish Straits

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Legal Status of the Territorial Sea (international law of the sea, LOSC, cases)

The territorial sea is a marine space under the territorial sovereignty of the coastal State up to a limit not exceeding 12 nautical miles measured from baselines. The territorial sea comprises the seabed and its subsoil, the adjacent waters, and its airspace. The landward limit of the territorial sea is the baseline. In the case of archipelagic States, the inner limit of the territorial sea is the archipelagic baseline. The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea.. Legal Status of the Territorial Sea (international law of the sea, LOSC, cases), 12-nautical-mile territorial sea, 1909 Grisbadara case, Article 2(3) of the LOSC, Legal Status of the Territorial Sea, LOSC, territorial sea, territorial waters

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what is the meaning of River Mouths in the LOSC and law of the sea

Concerning river mouths, Article 9 of the LOSC stipulates:
If a river flows directly into the sea, the baseline shall be a straight line across the mouth of the river between points on the low-water line of its banks. . what is the meaning of River Mouths in the LOSC and law of the sea, Article 9 of the LOSC, law of the sea, LOSC, River Mouths

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what is the meaning of Historic Bays on tle law of the sea and LOSC

The TSC and the LOSC contain no definition of historic bays. According to the Annex VII Arbitral Tribunal in the South China Sea Arbitration (Merits), a ‘historic bay’ is ‘a bay in which a State claims historic waters’. As historic bays are one of the categories of ‘historic waters’, the legal regime of historic bays should be examined in the broad context of historic waters. According to the ICJ, ‘historic waters’ usually mean ‘waters which are treated as internal waters but which would not have that character were it not for the existence of [a] historic title’.. what is the meaning of Historic Bays on tle law of the sea and LOSC, Concept of Historic Waters, geographical sense, Gulf of Sert, Historic Bays, historic rights, historic waters, ICJ, law of the sea, LOSC, Tunisia/Libya case

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the meaning of the Juridical Bays in the law of the sea and LOSC

In this regard, the Arbitral Tribunal, in the 1910 North Atlantic Coast Fisheries case, stated:
the geographical character of a bay contains conditions which concern the interests of the territorial sovereign to a more intimate and important extent than do those connected with the open coast. Thus conditions of national and territorial integrity, of defense, of commerce and of industry are all vitally concerned with the control of the bays penetrating the national coast line.
Furthermore, where the low-water line rule applies to a bay whose mouth is less than twice the breadth of the territorial sea, the high seas may be enclosed within the bay. This situation will create inconvenient results for various marine activities.. the meaning of the Juridical Bays in the law of the sea and LOSC, 10-mile formula, Arbitral Tribunal, Article 10(6) of the LOSC, customary international law, Fisheries case, Juridical Bays, law of the sea, LOSC, low-water line, North Atlantic Coast Fisheries case, territorial sea

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Straight Baselines meaning on the law of the sea and LOSC

Straight baselines can be defined as:
a system of straight lines joining specified or discrete points on the low-water line, usually known as straight baseline turning points, which may be used only in localities where the coastline is deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity.
The essential difference between the straight baseline system and the normal baseline system is that under the straight baseline system, baselines are drawn across water, not along the coast.. Straight Baselines meaning on the law of the sea and LOSC, Anglo-Norwegian Fisheries Case, baseline meaning, Baselines under the International Law of the Sea, law of the sea, LOSC, low-tide elevations, low-water line, low-water line along the coast, skjoergaard, straight baseline definition, Straight Baselines, types of baseline in maritime law, What is high water line?, What is straight baseline method?, What is territorial sea baseline?, What is the baseline?, What is the meaning of 12 nautical miles?, What’s high and low water marks?

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Normal Baselines meaning on the law of the sea and LOSC

The normal baseline is the low-water line drawn along the coast. In this regard, Article 5 of the LOSC provides as follows:
Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State.. Normal Baselines meaning on the law of the sea and LOSC, baseline meaning, Baselines under the International Law of the Sea, large-scale charts, law of the sea’s, LOSC, low-water line, low-water line along the coast, Normal Baselines, types of baseline in maritime law, What is high water line?, What is territorial sea baseline?, What is the baseline?, What is the meaning of 12 nautical miles?, What is the purpose of baselines under the law of the sea?

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what is Principle of the Common Heritage of Mankind in the law of the sea?

This principle is distinct from the traditional principles in two respects.
First, while the principles of sovereignty and freedom aim to safeguard the interests of individual States, the principle of the common heritage of mankind seeks to promote the common interest of mankind as a whole. It may be argued that the term ‘mankind’ is a transspatial and transtemporal concept. It is transspatial because ‘mankind’ includes all people on the planet. It is transtemporal because ‘mankind’ includes both present and future generations. It would seem to follow that the common interest of mankind means the interest of all people in present and future generations.
Second, the principle of the common heritage of mankind focuses on ‘mankind’ as a novel actor in the law of the sea. ‘Mankind’ is not a merely abstract concept. As we shall see in Chapter 5, under the LOSC ‘mankind’ has an operational organ, i.e. the International Seabed Authority, acting on behalf of mankind as a whole. To this extent, it can reasonably be argued that mankind is emerging as a new actor in the law of the sea.. what is Principle of the Common Heritage of Mankind in the law of the sea?, Common Heritage, Common Heritage of Mankind, common interest, LOSC

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